• Can I get the pay protection if I have changed my department by direct recruitment in Telangana state government?

Sir, I have been working as an engineer in a department in Telangana State Government since 2018. I have applied for another job of same cader but in other department of same state via tspsc. I have not applied for NOC before applying for another job due to some issues. I have applied for NOC through proper channel after completion of exam but before releasing of the results. Exam was held in May 2023. In October 2023 I have applied for NOC through proper channel. Results are declared in August 2024 & I have selected for the post. My head of the department is not willing to give NOC as I have applied for it after appearing the exam. Now my question is, will I get pay protection if I join in the new department? Shall I apply for resignation or technical resignation? Can I fight against my HOD legally to issue noc ? Is there any rule that favours me to get pay protection? I gave reminder in august 2024 reg noc. He is asking me to resign to join other department.
Asked 4 months ago in Labour

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

If your resignation is technical resignation then your pay will be protected as per the DOPT OM.

Candidates working in Public Sector Undertakings etc. including Central Public Undertakings, State Government Undertakings, Universities, Semi-Government Institutions, Autonomous Bodies and Nationalised Banks including State Bank of India and Reserve Bank of India, on their appointment to Central Government posts on Direct Recruitment basis.
[ 1. Para 2 of OM No. 12/1/88-Estt.(Pay-I) dated 07.08.1989]
[ 2. Para 1 of OM No. 12/1/88-Estt.(Pay-I) dated 28.02.1992]
[ 3. Para 1 of OM No. 12/1/88-Estt.(Pay-I) dated 08.06.1993]
[Para 1 of OM No. 5/2/2012-Estt.(Pay-I)(Vol.II) dated 13.08.2020]

 

APPLICABILITY
Employees of the State Government and 1Local Bodies under the State Government including 2Emergency Divisional Accountants/Divisional Accountants, on their appointment under Central Government.
[1. Para 2 of OM No. 12/1/2009-Estt.(Pay-I) dated 28.08.2014]
[ 2. Para 2 of OM No. 13/2/99-Estt.(Pay-I) dated 18.06.2001]

 

The procedures for method of pay fixation can be seen from OM no.

[Para 2 of OM No. 12/2/2016-Estt.(Pay-I) dated 11.05.2017]

You are eligible for  pay protection hence you can take it up legally if you are denied your rights.

T Kalaiselvan
Advocate, Vellore
87436 Answers
2348 Consultations

You will not get pay protection as you don’t have NOC from your department 

 

2) For the purpose of pay protection, there must be continuity of service benefits in new service, which is subject to availability of NOC from parent organisation. In your case there shall not be counting of past service rendered by you in department as you have not obtained NOC and produced the same to other state department 

 

3) submit your resignation 

Ajay Sethi
Advocate, Mumbai
97242 Answers
7852 Consultations

Dear Client,

You are legally eligible to pay protection immediately after your transfer to the new department having been selected through the TSPSC even if your head of the department has failed to provide the NOC. That is why if you applied for the NOC through the right channel after the exam and before the result release, your HOD had no reasons to deny you the document. You do not need to resign from your job till you get the NOC from that organization. In the event that the HOD cannot or continue to deny the NOC, you can approach the High Court under Article 226 of the constitution of India to compel the issuance of the NOC as well as the protection of your pay. As for legal requirements, there are related rules, including the Telangana State Government Employees’ Conduct Rules, 1964. For more details it is better to consult a service law attorney to know the available choices.

 

Hope you find this answer satisfactory.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

- As per rule, Pay protection is a way of safeguarding the pay, and conditions of service of employees whose pay is adversely affected by organizational change , it means to allow the individual to find another post at their original pay band or to adjust to the lower salary within the protection period.

- Further, when a government servant applies for in the same or another department through proper channel and on selection he is asked to resign the previous post for administrative reasons the resignation is called technical resignation.

- Further, Protection of pay drawn in Pay Band against the post held in the previous organization shall be admissible only to such direct recruits who had applied through proper channel for appointment to the post in this department after tendering technical resignation and were holding a post in the previous organization either with same or lower grade pay

- Hence, you should apply for technical resignation.

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer